Divorce and Its Grounds Under the Hindu Marriage Act, 1955

Marriage under the Hindu Marriage Act (HMA), 1955 is seen as a sacred bond, but whenever the relationship breaks down beyond repair, the law provides a structured and fair mechanism for divorce. With changing social realities, the HMA has evolved to recognise cruelty, desertion, and other modern issues faced by couples today.

What is Divorce Under the HMA?

Divorce under the HMA legally ends a marriage and frees both spouses from marital obligations. It can be granted:

• By mutual consent (both agree), or

• Contested divorce (one party alleges a ground recognised under the Act).

The purpose of the Act is not to encourage separation but to ensure justice, dignity, and fairness whenever marriage becomes unworkable.

Grounds for Divorce Under the Hindu Marriage Act

The HMA provides multiple grounds on which a husband or wife can file a divorce petition. Each ground addresses specific situations where continuing the marriage becomes impossible.

1. Cruelty (Section 13(1)(i-a))

Cruelty includes both physical harm and mental harassment. Mental cruelty today is interpreted broadly to include emotional abuse, humiliation, false allegations, constant fights, or behaviour making life unbearable.

Case Law: Samar Ghosh v. Jaya Ghosh (2007)

The Supreme Court defined mental cruelty in detail, holding that even subtle and emotional abuse, not necessarily physical violence can qualify for divorce.

2. Desertion (Section 13(1)(i-b))

Desertion means one spouse abandons the other without reasonable cause, without consent, and with the intention of ending cohabitation for at least two continuous years.

Case Law: Bipinchandra Shah v. Prabhavati (1957)

The Court held that desertion requires both factum of separation and intention to desert. Even if spouses live under one roof but stop all marital relations, it may be considered desertion.

3. Adultery

If a spouse voluntarily has sexual relations with another person, it becomes a valid ground for divorce. Unlike the old IPC provisions, adultery is no longer a criminal offence, but it still remains a civil ground for divorce.

Case Law: Subbaramma v. Saraswathi (1964)

The Court held that proof of adultery can be based on strong circumstantial evidence — direct proof is rarely available.

4. Conversion

If a spouse converts to another religion (e.g., Christian, Muslim, etc.), the other spouse can seek divorce, as forced change in family religion may significantly affect marital life.

5. Unsoundness of Mind or Mental Disorder

If a spouse suffers from mental illness so severe that the other cannot reasonably be expected to live with them, divorce can be granted.

Accepted conditions include:

• Schizophrenia

• Severe bipolar disorder

• Continuous mental instability affecting daily life

Case Law: Ram Narain Gupta v. Rameshwari Gupta (1988)

The Court held that mental disorder must be of such gravity that it makes marital life impossible.

6. Communicable Venereal Disease

Sexually transmitted diseases (like HIV/AIDS, syphilis) can be a ground for divorce if they are serious and communicable.

7. Renunciation of the World

If a spouse becomes a sanyasi/sanyasin and gives up worldly life, the other can seek divorce.

8. Presumption of Death

If a spouse has not been heard of for seven years or more, they are presumed dead, and divorce can be granted.

Additional Grounds Available Only to the Wife

The HMA also provides special protection to women through additional grounds:

1. Husband guilty of rape, sodomy, or bestiality

A wife may seek divorce if the husband commits these offences.

2. Husband married before the HMA (bigamy)

If the husband already has a living wife from a previous marriage.

3. Maintenance decree passed but no cohabitation for one year

If the court orders maintenance and the couple still does not live together.

4. Husband repudiated marriage before 15 years of age

If the wife was married as a child, she can choose to end it after attaining adulthood.

Mutual Consent Divorce (Section 13B)

This is the most peaceful and quick option, introduced in 1976.

Conditions:

• Parties must live separately for at least one year

• Both agree to dissolve the marriage

• Agreement on alimony, child custody, and property settlement

A mutual consent divorce typically concludes within 6–12 months.

Important Case Laws on Divorce Under HMA

1. Naveen Kohli v. Neelu Kohli (2006)

The Supreme Court emphasised that when marriage breaks down irretrievably, forcing parties to stay together serves no purpose.

2. K. Srinivas Rao v. D.A. Deepa (2013)

The Court held that filing false criminal complaints (498A) can amount to mental cruelty.

3. Vishnu Dutt Sharma v. Manju Sharma (2009)

Irretrievable breakdown is not an independent ground under HMA, but courts may consider it while deciding cruelty and desertion.

Procedure for Filing Divorce Under HMA

1. Draft and file a divorce petition in the family court.

2. Court issues notice to the other spouse.

3. Response filed by the opposite party.

4. Evidence, arguments, and hearings take place.

5. Court passes decree of divorce if ground is proved.

Conclusion

The Hindu Marriage Act provides a balanced structure for ending marriages that no longer provide dignity, respect, or peace. With evolving family dynamics, courts have interpreted the grounds liberally to protect the rights of spouses. Understanding these grounds not only helps individuals make informed decisions but also promotes legal awareness in society.